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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On April 27, 2013, the Defendant made a false statement that “D” located in Gangnam-gu Seoul Metropolitan Government, “The victim E established an investment advisory company whose main business is to engage in system trading and agreed to invest KRW 180 million in total, each of which is KRW 30 million, thereby making an investment of KRW 30 million.”
However, in fact, there was only one person who invested 30 million won in the defendant, and the rest was unclear whether the defendant will make an investment. On March 2013, the defendant was in arrears with the obligation of 84,980,000 won in the Korea City Bank, the obligation of 16,370,000 won in the Korean Federation of Credit Guarantee Foundations, the obligation of 16,370,000 won in the Hyundai Switzerland Savings Bank, and the obligation of 20,000,000 won in the Hyundai Switzerland Savings Bank was in fact impossible to establish an investment advisory company by preparing 18,000,000 won in the period of no special property
Nevertheless, the Defendant made such a false statement, and received from the victim one million won at the same place on the same day, and received KRW 29 million on the 28th day of the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. On June 16, 2013, the Defendant made a false statement to the victim H stating that “When investing in the traditional tea distribution business, the Defendant would make an investment of KRW 38 million per day, the Defendant would make an additional investment of KRW 50,000 in the traditional teahouse in Gangnam-gu Seoul, Seoul, and that the Defendant would make an additional investment of KRW 38,000,000 per day.”
However, in fact, the defendant was placed in the above property status, and the amount of KRW 30 million, out of KRW 38 million that the defendant invested, is included in the office deposit of KRW 50 million, and the deposit was raised as KRW 60 million, which was received from E or I, by the method of deceiving the above investment.